foathog Loc: Greensboro, NC

The ultimate turn off is when they call the movie "A MASTERPIECE". To me that is the KISS OF DEATH.

warzone

All of you have been so kind. I am pretty new to all of this. Until about a year ago, the only thing I knew about taking pictures was how to use my iphone. I thought I'd post the picture which was the basis for my question. I took the other photo too last July 2016.

dennis2146 Loc: Eastern Idaho

Jerry, forgive me but where did you read that this was a formal photo session and not in a public place? I have reread the post several times just to be sure and missed that part. Maybe I am just getting old.

Dennis

jeep_daddy Loc: Prescott AZ

You can print it, share it, and frame and sell the picture, but you can't use it to advertise a product that it will help sell and you can't sell the image file to a company that will profit from it or license it. Then you'd need a signed release.

One thing you didn't really say is can the person be identified easily? If you got a side shot of their face but you can't really see all the facial features that would make the person 100% identifiable, then you are ok. It's like taking a shot of a crowd in a public place. You see people, but not really and identifiable person.

amfoto1 Loc: San Jose, Calif. USA

You can display the image in various ways (i.e., "published") without a model release... Particularly if the photo was taken in a public place where the person had "no expectations of privacy".

Some acceptable examples would be displaying the image online on a personal website or social media or printed in a personal portfolio or as a limited edition, fine art print.

However, should the person learn that a recognizable image of them is being displayed in a public manner and request you to discontinue displaying it, you should do so immediately. Otherwise, if it comes to it, you might "win" a court case but spend an awful lot of money defending yourself.

And, in order to use the photo for any commercial purpose (advertising, high volume printed items such as posters, t-shirts, etc.), a signed release is needed. For all practical purposes, an "unreleased" photo has little or no commercial value.

wdross Loc: Castle Rock, Colorado

Do review jerryc41's links. In general, the 911 Memorial is a public place and any pictures taken there are normally not subject to need of a release. Do note that I used "in general" and "normally" in that last sentence. Some photos, even if taken in a public situation, if they depict the subject in certain derogatory ways, they have found their way into the courtrooms. Most times the court sides with the photographer. But that is "most times", not "every time". I suspect, without seeing it, your photograph can be used for just about anything short of commercial use.

wdross Loc: Castle Rock, Colorado

Based on what you have posted, this photo would be extremely hard to prove it was done in a derogatory fashion. But then, again, I am not the courts. If it was my photo, I would use it as I wished, but would follow amfoto1's suggestion should the person in the photo object to it use.

Robeng Loc: California

No!

Photocraig

Aside from the legal issues there are ethical issues we photographers must deal with. Catching a totally realistic "photographic" likeness of a person in a private "poignant" moment is a great capture. We all strive for it. You usage is dictated, besides by the law, by the impact it has on the subject as he views it. I'd include it in a private portfolio (not posted to an internet site), or in a private hanging of a print. BUT, I would NOT display it in any way that was the least bit public. Tempting as it might be because it is such a powerful image.

I know everyone is different, including the subject. But without (I assume) permission to even capture the photo, I wouldn't risk stirring up the very strong and difficult emotions that the image represents in that person. Place yourself in the subject's position, assume the name he's tracing is your loved one. How would you FEEL if you stumbled on that private moment while perusing Instagram or something else. Try to transfer those feelings and see where the sensitivity might be. But the ethical point is, that subject didn't give anyone permission to share that moment in an almost eternal forum like the Internet or a book.

It is something I know I wouldn't do. I hope it starts the thought process for you so you come to your own conclusions that sits well with you.

AND, as a NY native, I'd say, beware of the hot NY attorney who might just bring an action and run you through the bleeding heart liberal NY court system to the tune of many thousands of dollars in legal fees and really bad personal feelings. Because, once you publish it, they'll know who you are and you have no clue who he is!

Good luck,
C

warzone

Thank you so much. I haven't posted that particular picture any where but here in this forum and I certainly wouldn't sell it. I too feel it is too private a moment. Based on what you said, should I remove it from here?

Los-Angeles-Shooter Loc: Los Angeles

WRONG WRONG WRONG and dangerously clueless. what you can do with the photo is sharply circumscribed by states' right of publicity laws.

boomer826 Loc: Florida gulf coast

That is a definite fact

David Kay Loc: Arlington Heights IL

I would definately discuss this with a lawyer in your area. Each jurisdiction has their own laws and countries have their own laws also. Because this area of photography is so iffy, it is best to consult with a lawyer rather than trust the lay people and their opinions on sites like these.

You can be 100% correct in using the photo, but if the subject in the photo does not want his photo used and hires a lawyer, you spend more money defending your right to use it than you can imagine. I mean 10's of thousands of dollars trying to prove you are right. How do I know this? I was a liability claim adjuster for over 40 years. I can't tell you how many claims I settled just because we thought we were right but wanted to stop the defense costs. Then there is the option of getting a jury to believe you and say you are right, you are still out the defense costs, then the plaintiff files an appeal. There you go again. More costs to defend.

So take your chances that the subject wont find his photo online or published somewhere. That is up to you. Good luck.